ITAT referred to SC’s judgment in CIT v. Rajasthan & Gujarati Charitable Foundation, Poona, which stated that an entity could claim both depreciation and application of income on asset in its purchase year.
Analysis of ITAT Delhi’s verdict on Global Research Forum’s service income labeled as a donation. The impact of misclassifying income in financial records.
ITAT Delhi held that commission paid to foreign agents for procurement of orders do not fall under Technical, Managerial or consultancy services. Accordingly, TDS not deductible on commission paid to such foreign agents.
ITAT Mumbai held that revisionary powers under section 263 of the Income Tax Act rightly invoked by PCIT as order of assessing officer is erroneous and prejudicial to the interest of revenue.
ITAT Bangalore held that disallowance of deduction claimed u/s 54F unjustified as no steps were taken to convert the limited scrutiny into complete scrutiny. Accordingly, disallowance deleted.
ITAT Bangalore held that payments received by assessee towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty / FTS to be brought to tax in India under section 9(1)(vi)/(vii) of the Act and also as per DTAA.
ITAT Mumbai held that addition towards unexplained and undisclosed income sustained as assessee itself claim payment of cash in the civil suit and failed to explain the source of the cash payment.
ITAT Delhi held that right to build and operate toll road are considered to be an intangible assets and accordingly depreciation as admissible to intangible assets is available to it.
ITAT Ahmedabad held that where no exempt income is earned by the assessee there is no case for making any disallowance under Section 14A of the Income Tax Act.
ITAT Delhi held that expenditure towards infrastructure development of leased property is revenue expenditure. Accordingly, treating such expenditure as capital in nature is unsustainable in law.
